ADA Website Accessibility Lawsuit: an Online Restaurant Franchisor
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff Nelson Fernandez has initiated an ADA Title III lawsuit against an online restaurant franchisor in the United States District Court for the Southern District of Florida, filed on December 26, 2023. The plaintiff, who is visually disabled and uses screen reader software, alleges that the defendant's website presents significant accessibility barriers preventing full and equal access.
The complaint details several WCAG violations, including unavailable locations not integrated with screen reader software for 'catering' and 'locations' options, a mislabeled home page button, and a lack of notifications when item quantities are increased for ordering. Furthermore, information within the shopping cart, such as price, subtotal, and order total, was not properly labeled for screen reader integration. The lawsuit also claims the website's accessibility statement was ineffective, functions lacked keyboard accessibility, and graphics were missing alt-text, indicating a failure to comply with WCAG 2.0 Level AA standards.
This case highlights the considerable legal exposure for food and beverage companies and similar businesses operating e-commerce platforms if their digital offerings are not accessible to disabled users. Non-compliance with ADA Title III and WCAG guidelines can result in federal lawsuits seeking declaratory and injunctive relief, compelling website remediation, and potentially leading to significant attorney's fees and litigation costs.
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Case Q&A
What specific WCAG violations is this online restaurant franchisor accused of?
The online restaurant franchisor is accused of having inaccessible catering and location information for screen readers, a mislabeled homepage button, no quantity change notifications, and unlabeled shopping cart details. Additionally, the website lacks alt-text for graphics and keyboard navigation functionality, and its accessibility statement is ineffective, failing to meet WCAG 2.0 Level A
Who filed this lawsuit, and which law firm?
This lawsuit was filed by Nelson Fernandez, represented by the law firm Roderick V. Hannah, Es
What legal risk does this create?
This creates a legal risk for other businesses in the food and beverage industry and beyond whose websites are not fully accessible to disabled users, potentially leading to ADA Title III lawsuits, demands for injunctive relief to remediate websites, and liability for attorney's fees and costs.